Public Interest Litigation

Subject 732-727 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points:
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2009:

September, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidates background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Mr Gary Cazalet
Subject Overview:

Objectives:

A student who has successfully completed this subject should:

  • Understand the development of public interest litigation in the common law tradition
  • Be aware of the role of public interest litigation as part of a movement for social, economic, environmental and political reform
  • Be aware of similarities and differences in the use of public interest litigation in a range of jurisdictions, including Australia, the United States, Canada and India.
  • Understand the strengths and limitations of public interest litigation as part of a strategy for reform
  • Understand and critically analyse impediments to the use of public interest litigation
  • Be able to apply their learning to critically analyse and develop public interest litigation law reform proposals.

Syllabus:

Principal topics will include:

  • The use of public interest litigation as part of a strategy for social, environmental, economic or political reform
  • Key features of public interest litigation in Australia, the US, Canada and India
  • Case studies of public interest litigation in action, e.g. environmental, refugee, class actions
  • Impediments to undertaking public interest litigation including:
    • Risk of adverse costs orders
    • Standing requirements
    • Funding
  • The development of Strategic Litigation Against Public Participation (SLAPP writs)
  • The role of public interest litigation clearing houses and services
  • The relationship between pro bono work undertaken by the private profession and public interest litigation
  • Public interest litigation in transnational disputes
  • Future developments and proposals for law reform.
Assessment:
  • Research paper 10,000 words (100%) (17 December) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 732-727Public Interest LitigationMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2009P

Objectives:

A student who has successfully completed this subject should:

  • Understand the development of public interest litigation in the common law tradition
  • Be aware of the role of public interest litigation as part of a movement for social, economic, environmental and political reform
  • Be aware of similarities and differences in the use of public interest litigation in a range of jurisdictions, including Australia, the United States, Canada and India.
  • Understand the strengths and limitations of public interest litigation as part of a strategy for reform
  • Understand and critically analyse impediments to the use of public interest litigation
  • Be able to apply their learning to critically analyse and develop public interest litigation law reform proposals.

Syllabus:

Principal topics will include:

  • The use of public interest litigation as part of a strategy for social, environmental, economic or political reform
  • Key features of public interest litigation in Australia, the US, Canada and India
  • Case studies of public interest litigation in action, e.g. environmental, refugee, class actions
  • Impediments to undertaking public interest litigation including:
    • Risk of adverse costs orders
    • Standing requirements
    • Funding
  • The development of Strategic Litigation Against Public Participation (SLAPP writs)
  • The role of public interest litigation clearing houses and services
  • The relationship between pro bono work undertaken by the private profession and public interest litigation
  • Public interest litigation in transnational disputes
  • Future developments and proposals for law reform.
  • Research paper 10,000 words (100%) (17 December) (topic approved by the subject coordinator)
N.A. N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidates background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Mr Gary CazaletLawLawNNNNParkvillePARKVILLEFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/732727732-7272September

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